Survey discrepancies can create considerable challenges in real estate deals. These discrepancies arise when there are differences between the actual property lines and the descriptions in legal documents. As a property owner, you may face problems such as disputes with neighbors, possible legal battles and delays in property sales. Knowing how to handle these disputes helps you protect your property rights.
Common causes of survey discrepancies
Common causes of survey discrepancies include:
- Old surveys: Older surveys may not show current property lines due to changes over time.
- Human error: Mistakes made by surveyors or clerks can lead to wrong boundary descriptions.
- Natural changes: Erosion, tree growth or other natural factors can change property lines.
- Encroachments: Structures like fences or buildings beyond property lines can cause disputes.
Dealing with these causes quickly can help reduce possible conflicts.
Steps to address survey discrepancies
Here’s what you need to do if you find survey discrepancies:
- Review the survey: Carefully compare the report with the property deed and other legal papers.
- Consult a surveyor: Hire a licensed surveyor to do a new survey or review the existing one. This can provide clarity and support your case.
- Talk with neighbors: If the issue involves a nearby property, try to reach an amicable deal. This can save time and legal costs.
- File a survey objection: You can file a survey objection in New York to address the issue formally. This involves sending a written objection detailing the problem and the desired solution.
- Consider legal advice: Consult a real estate lawyer to understand your rights and options. They can guide you through the legal process and represent you in court if needed.
Following these steps can help you address survey discrepancies quickly and effectively.
Winning a survey discrepancy case
Here are key factors to consider in cases of survey discrepancies:
- Accurate documents: Ensure all property papers, including deeds and earlier surveys, are correct and current.
- Expert testimony: A licensed surveyor’s testimony can prove your case. Their know-how can support your claims and explain technical details.
- Clear communication: Keep open and transparent talks with all parties involved, including neighbors, surveyors and legal representatives.
- Timely action: Address discrepancies quickly to avoid problems. Waiting can weaken your case and lead to more disputes.
By understanding the causes of survey discrepancies and taking quick steps, you can protect your property rights and keep the integrity of your property’s boundaries.